Navigating Your Divorce in Mississippi: Essential Laws and Steps

Facing a divorce in Mississippi can be tough. This page is designed to give you an easy-to-understand overview of Mississippi’s divorce laws. For more specific information, we’ve included links to additional resources.

Divorce Laws in Mississippi

Mississippi allows for both no-fault and fault-based divorces. For a no-fault divorce, you can cite “irreconcilable differences.” Fault-based reasons include adultery, cruelty, and desertion. To file in Mississippi, you or your spouse must have lived in the state for at least six months. Unlike some states, Mississippi has a 60-day waiting period from the time of filing.

Process of Filing for Divorce

In Mississippi, you begin by filing a “Bill of Complaint for Divorce” in the Chancery Court of the county where you or your spouse lives. If you have children, you’ll need extra forms. After filing, these documents must be officially served to your spouse. Each county may have its own unique procedures.

Child Custody and Support

Child custody in Mississippi is determined based on the child’s best interests. The court considers factors like the child’s age, each parent’s caregiving capacity, and the emotional ties between the child and parents. Child support follows state guidelines, taking into account both parents’ incomes and the child’s specific needs.

Alimony/Spousal Support

Alimony in Mississippi isn’t automatic. The court looks at factors such as the length of the marriage, each spouse’s financial situation, and future earning potential. The aim is to ensure a balanced financial situation for both spouses after the divorce.

Property Division

Mississippi uses the “equitable distribution” principle for dividing marital property. This means the division is fair but not always equal. The court looks at each spouse’s contributions to the marriage and their future financial prospects.

Mississippi Divorce Resources

For more comprehensive information on divorce in Mississippi, please explore the links provided. These include insights from Mississippi’s family law courts, government resources, and legal aid.

Article: How Much Does a Divorce Cost in Mississippi

Mississippi Divorce Forms:

Most forms can be found here: https://courts.ms.gov/mec/Mec-forms.php

Joint Petition for Divorce:

• Petition for Irreconcilable Differences Divorce
• Joint Petition for Dissolution of Marriage

Uncontested Divorce:

• Motion for Default

Parenting and Child Support:

• Parenting Plan
• Income and Expense Affidavit
• Financial Statement and Certificate of Compliance
  • https://desotocountyms.gov/669/Forms-Court-Resources

Other Forms:

• Civil Cover Sheet
• Summons
• Proof of Service
• Entry of Appearance
• Domestic Relations Motion and Order

Additional Resources:

• MS Courts: Self-Represented Litigants (Pro Se)
  • https://www.msbar.org/for-the-public/pro-bono-resources/
• MS Free Legal Answers
  • https://ms.freelegalanswers.org/Contact

Disclaimer

This page offers a general overview of divorce laws in Mississippi and should not be considered legal advice.